County court claim

[TOOCQQL]

I have written a defence and I have a letter from the landowner stating I had the permission to park there, also the permit.. Do I send this in with the defence now or do I do this later? Is this not the main part of my defence so shouldn't I be sending this in with my defence?


Cheers

[ostell]

You send as an exhibit with a witness statement a couple of weeks before the hearing

[TOOCQQL]

Ok great thanks

Final defense draft below.

This is all new to me so I hope this is OK?





Premier Park

Vs







Claim number - F

Date of alleged offence - 2

Location of alleged offence -

Claimant - Premier Park

Defendant -




Dear sirs





I am disputing this claim as I was an employee for xxxx X at the time and place of the issued ticket. I firmly believe my permit was displayed in the vehicle at the time of the issued ticket. There was also an agreement in place that Premier Park would not issue any tickets before speaking to xxxxx. This conversation between Premier Park and xxxx did not happen and they ticketed my vehicle without consent from the land owner/, xxxxxx. Furthermore it is also stated in a letter from the land owner / xxxx, that they wish no legal action to be taken against myself.




Defence


Statment of truth



The allegation appears to be that the Defendants vehicle (registration,, X, ) was not authorised to use the car park.



1. The Defendant is the registered keeper and driver of the vehicle in question. The Claim relates to an alleged debt arising from the driver's alleged breach of contract, when parking at xxxx car park on xxxxxx. Any breach is denied, and it is further denied that there was any agreement to pay the Claimant's parking charge notice for the lawful conduct described below.



2. As stated in a letter from landowener which will be produced as evidence. Xxxxx (the landowener of xxxxx) do not wish for any legal proceedings to be taken against the Defendant and for the Claimant to cease all legal action against the Defendant with immediate effect.


2.1. The Claimant premier park pursuing any legal action against the Defendant would be acting against the will of their principal and landowner



3. The Defendant was employed by xxx x xand had a parking permit to park at any xxxx site and for any amount of time, including xxxx. The Defendant still has the parking permit and this will be produced as evidence along with employer to employee official correspondences.


3.1. The Defendant avers that this parking permit was on display somewhere in the vehicle at the time of the ticket being issued and was visible had the parking warden looked thoroughly. This vehicle / the Defendant had a valid parking permit and had no reason not to display this permit. The Claimant is put to strick proof on this point.



4. The Defendant had a contract with the landowner / xxxxx and disputes entering into another separate contract with Premier Park or needing to. The landowener /xxxxx directly authorised the Defendant to park at xxxxxx as part of employment. The Defendant has written confirmation of this from the landowner /xxxxx , this will be produced as evidence


5. This ticket is unjustified and is the result of the Claimant not following instructions from thier principle to seek permission from on site staff at xxxx to ticket vehicles in xxxxx car park. The Defendant has written confirmation of this from the landowner /xxxxx, this will be produced as evidence.



6. In addition to the original parking charge, for which liability is denied the Defendant avers that the added costs are an invented figure.


6.1. It should be noted that there is no pay and display or charge to park at xxxxx and the sum of £272.02 is an extortionate amount to charge by the Claimant and can not possibly be an accurate representation of any alleged financial losses, costs incurred or as a result of services provided. Furthermore the 8% added interest (where no services or goods had been provided directly to the Defendant) on monies that had not been exchanged, loned or arguably even in existence or circulation is questionable at best.



7. In order to issue and to pursue unpaid charges via litigation, the Claimant is required to have the written authority of the landowner, on whose behalf they are acting as an agent. No steps have been taken to provide evidence that such authority has been supplied by the Claimant.



8. The reason for Premier Parks presence at xxxxx car park is for the sole purpose of deterring parking by uninvited persons, for the benefit of drivers authorised by the landowner / xxxxx. Instead the Claimant carries out a predatory operation on those very people whose interests they are there to uphold.



9. The Defendant has explained the above points to BWlegal and Premier Park verbally and requested that they drop legal proceedings. This request was refused and full payment was demanded with no compromise.



10. The Defendant denies the claim in its entirety voiding any liability to the Claimant for all amounts claimed. The Court is invited to strike out the Claim.







The defendant believes that the facts stated in this defence are true

[charitynjw]

Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

Always wise to add the above somewhere near the top of the defence.....covers a multitude of sins!